It is pretended that the durable leases are feudal in their nature. We do not conceive this to be true; but, admitting it to be so, it would only prove that feudality, to this extent, is a part of the institutions of the State. What is more, it would become a part over which the State itself has conceded all power of control, beyond that which it may remotely possess as one, out of twenty-eight communities. As respects this feudal feature, it is not easy to say where it must be looked for. It is not to be found in the simple fact of paying rent, for that is so general as to render the whole country feudal, could it be true; it cannot be in the circumstance that the rent is to be paid "in kind," as it is called, and in labour, for that is an advantage to the tenant, by affording him the option, since the penalty of a failure leaves the alternative of paying in money. It must be, therefore, that these leases are feudal because they run for ever! Now the length of the lease is clearly a concession to the tenant, and was so regarded when received; and there is not probably a single tenant, under lives, who would not gladly exchange his term of possession for that of one of these detestable durable leases! Among the absurdities that have been circulated on this subject of feudality, it has been pretended that the well-known English statute of "_quia emptores_" has prohibited fines for alienation; or that the quarter-sales, fifth-sales, sixth-sales, &c. of our own leases were contrary to the law of the realm, when made. Under the common law, in certain cases of feudal tenures, the fines for alienation were an incident of the tenure. The statute of _quia emptores_ abolished that general principle, but it in no manner forbade parties _to enter into covenants of the nature of quarter-sales_, did they see fit. The common law gives all the real estate to the eldest son. Our statute divides the real estate among the nearest of kin, without regard even to sex. It might just as well be pretended that the father cannot devise all his lands to his eldest son, under our statute, as to say that the law of Edward I. prevents parties from _bargaining_ for quarter-sales. Altering a provision of the common law does not preclude parties from making covenants similar to its ancient provisions. Feudal tenures were originally divided into two great classes; those which were called the military tenures, or knight's service, and _soccage_. The first tenure was that which became oppressive in the progress of society. Soccage was of two kinds; free and villian. The first has an affinity to our own system, as connected with these leases; the last never existed among us at all. When the knight's service, or military tenures of England were converted into free soccage, in the reign of Charles II., the concession was considered of a character so favourable to liberty as to be classed among the great measures of the time; one of which was the _habeas corpus_ act!